SECTIONS 5080.30-5080.41 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5080.30-5080.41

5080.30. Agreements may be entered into between the department and
any agency of the United States, any city, county, district, or other
public agency, or any combination thereof, for the care,
maintenance, administration, and control by any party to the
agreement, of lands under the jurisdiction of any party to the
agreement for the purpose of the state park system. The expenses of
the care, maintenance, administration, and control may be paid from
the general fund of the city, county, district, or other public
agency, from the funds of the department, from any funds available to
the agency of the United States for these purposes, as the case may
be, or from revenues generated on the lands subject to the agreement.

5080.31. (a) The general plan for a unit of the state park system
that is the subject of an agreement entered into pursuant to this
article shall, in addition to the requirements set forth in Section
5002.2, specifically evaluate and define the manner in which the unit
is proposed to be operated. The general plan shall be reviewed by
the commission for a determination that the unit will be operated in
a manner that generally meets the standards followed by the
department in its operation of similar units, that enhances the
general public use and enjoyment of, and recreational and educational
experiences at, the unit, and that provides for the satisfactory
management of park resources.
(b) The general plan for a unit that is the subject of an
agreement entered into pursuant to this article may be prepared
either by the department or by the public agency that is to operate
the unit pursuant to the agreement.

5080.32. (a) Except as provided in subdivision (b), revenues
received from lands subject to an operating agreement entered into
pursuant to this article shall be available to the department only
for the care, maintenance, operation, administration, improvement, or
development of the unit of the state park system in which the lands
from which the revenues were derived are located and any recreational
trail providing access to those lands.
(b) (1) As to operating agreements that are in force on September
30, 1994, if a local agency operates more than one unit of the state
park system under the operating agreement, revenues received in
excess of the care, maintenance, operation, administration,
improvement, or development of one unit may be utilized for those
purposes at other units of the state park system operated by the
local agency.
(2) As to operating agreements entered into, renewed, or
renegotiated on and after October 1, 1994, revenues received from
lands subject to an operating agreement in excess of the cost,
maintenance, operation, administration, improvement, or development
of those lands, as determined by the department, shall be available
to the department, upon appropriation by the Legislature in the
Budget Act, for expenditure for support of the department.

5080.33. A concession may be authorized on lands subject to an
agreement entered into pursuant to this article, so long as the
public agency complies with public bidding procedures that provide
for at least the same degree of participation and competition as the
procedures established by Article 1 (commencing with Section
5080.01). No concession may be advertised for bid unless and until
the director has approved in writing the terms on which the
concession is proposed to be let.

5080.34. Every agreement entered into pursuant to this article and
every contract for a concession on lands that are subject to an
agreement entered into pursuant to this article shall expressly
prohibit discrimination against any person because of the marital
status or ancestry of that person or any characteristic listed or
defined in Section 11135 of the Government Code.

5080.35. Whenever the department intends to enter into an operating
agreement pursuant to this article with respect to a unit of the
state park system, the department shall notify each Member of the
Legislature in whose district that unit is located of its intention.

5080.36. (a) Notwithstanding any provision of this article, the
department may enter into an operating agreement with a qualified
nonprofit organization for the development, improvement, restoration,
care, maintenance, administration, and control of El Presidio de
Santa Barbara State Historic Park. The agreement shall include, but
is not limited to, the following:
(1) The district superintendent for the department shall provide
liaison with the department, the nonprofit organization, and the
public.
(2) The nonprofit organization shall annually submit a written
report to the department regarding its operating activities during
the prior year and shall make copies of the report available to the
public upon request. The report shall include a full accounting of
all revenues and expenditures for El Presidio de Santa Barbara State
Historic Park.
(3) All revenues received from El Presidio de Santa Barbara State
Historic Park shall be expended only for the care, maintenance,
operation, administration, improvement, or development of the unit.
(b) The district superintendent for the department shall,
following submittal of the annual report under subdivision (a), hold
a public meeting for discussion of the report and any operating
policies or procedures. Any recommendation resulting from the annual
public meeting shall be submitted by the district superintendent to
the director for review and approval.
(c) The general plan for El Presidio de Santa Barbara State
Historic Park shall, in addition to the requirements set forth in
Section 5002.2, specifically evaluate and define the manner in which
the unit is proposed to be operated. The general plan shall be
reviewed by the State Park and Recreation Commission for a
determination that the unit will be operated in a manner that
generally meets the standards followed by the department in its
operation of similar units, that enhances the general public use and
enjoyment of, and recreational and educational experiences at, the
unit, and that provides for the satisfactory management of park
resources.
(d) Whenever the department intends to enter into an operating
agreement with respect to El Presidio de Santa Barbara State Historic
Park, the department shall notify each Member of the Legislature in
whose district the unit is located of that intention.

5080.36.1. (a) The Legislature hereby finds and declares that the
department and the City of Malibu are in the process of entering into
an operating agreement for the purpose of negotiating a concession
contract that would require the City of Malibu to repair and
refurbish, and operate, the Malibu Pier, and that the standard
20-year term is insufficient to enable the City of Malibu to amortize
the type and scale of repairs and improvements that the department
will require the City of Malibu to make.
(b) The department and the City of Malibu may enter into an
operating agreement for the repair, refurbishment, and operation of
the Malibu Pier for a period not to exceed 30 years if the operating
agreement also requires the rent to be reviewed and adjusted at least
every five years to reflect economic conditions in the area in which
the pier is located.

5080.37. (a) The Legislature hereby finds and declares that
revenues generated at Santa Monica State Beach may be expected to
exceed the total costs incurred by the City of Santa Monica in caring
for, maintaining, operating, administering, improving, and
developing the unit and that a portion of those revenues may
appropriately be made available to provide for the safety and
convenience of the general public in the use and enjoyment of, and
the enhancement of recreational experiences at, the Santa Monica City
pier and other related shorefront facilities owned and operated by
the City of Santa Monica.
(b) Accordingly, notwithstanding Section 5080.32, whenever
revenues generated from all sources at Santa Monica State Beach
exceed the actual costs incurred by the City of Santa Monica in
caring for, maintaining, operating, administering, improving, and
developing that unit and exceed any foreseeable needs for the further
improvement and development of that unit, the surplus shall be
available for appropriation in the Budget Act to the city, as a local
assistance grant, in the succeeding fiscal year for the repair of
the Santa Monica pier and the improvement and development of parking
facilities providing access to the pier until that repair,
improvement, and development is complete. After the repair,
improvement, and development is completed, 25 percent of the excess
revenues shall be available for appropriation in the Budget Act to
the city as a local assistance grant for the further improvement and
development of the pier and other shorefront facilities owned and
operated by the City of Santa Monica that adjoin the state beach.
(c) The amount of any surplus shall be determined by the director,
and the department may perform audits as may be necessary to
determine this amount.

5080.38. Notwithstanding any provision of this article, if title in
fee, to the so-called Marconi property, near the community of
Marshall in the County of Marin, is acquired at no cost to the state,
the department may enter into an operating agreement with a
qualified nonprofit organization for the development, improvement,
restoration, care, maintenance, administration, and control of the
Marconi Conference Center.

5080.39. The department and other appropriate state and local
agencies, and federal agencies to the extent permitted by federal
law, with jurisdiction over inland waters are encouraged to cooperate
with private groups and associations in order to do fish habitat and
restoration work to implement the Adopt a Lake Program pursuant to
Section 2003.5 of the Fish and Game Code.

5080.40. (a) No operating lease or agreement shall be entered into,
or amended, pursuant to this article unless one of the following has
occurred:
(1) The Legislature has reviewed the lease or agreement, or
amendment, as part of the annual budget process or the requirements
of paragraph (2) have been met.
(2) Following enactment of the annual Budget Act, the State Public
Works Board determines that the proposed lease or agreement or
amendment could not have been presented to the Legislature for review
during the annual budget process, or that the proposed lease or
agreement or amendment was reviewed during the annual budget process
but it is necessary to revise the terms of the lease or agreement or
amendment in a material respect, and the State Public Works Board
determines that it is adverse to the interests of the public to defer
that review to the next annual budget process. Upon making its
determination, the State Public Works Board may review and approve
the proposed lease or agreement or amendment, or any revision
thereof, not sooner than 20 days after the board has provided written
notification to the Chairperson of the Joint Legislative Budget
Committee, the Chairperson of the Assembly Ways and Means Committee,
and the Chairperson of the Senate Budget and Fiscal Review Committee
of the intended action. All actions taken by the State Public Works
Board pursuant to this paragraph shall be reported to the Legislature
in the next Governor's Budget.
(b) The department shall include with the proposed lease or
agreement or amendment sufficient documentation to enable the
Legislature or the State Public Works Board, as the case may be, to
evaluate fully the estimated operating costs and revenues and all
terms upon which the lease or agreement or amendment is proposed to
be entered into. Specifically, the documentation shall identify both
of the following:
(1) Any anticipated costs to the state for operation or
development under the lease or agreement or amendment and the
anticipated state share of total operation and development costs.
(2) The anticipated annual revenues, net of operation costs, for
the unit and the state's share of these revenues.
(c) Leases or agreements shall be exempt from subdivisions (a) and
(b) when all of the following conditions exist:
(1) The lease or agreement involves operation of only a portion of
a unit of the state park system.
(2) The term of the lease or agreement is for a period of 20 years
or less.
(3) The lease's or agreement's impact to the unit, including
concessions revenue, will not exceed five hundred thousand dollars
($500,000) in annual gross revenue generated on the property.
(4) The lease or agreement involves no significant change in state
operational funding or staffing levels, and does not include present
or future state expenditures for development of the unit.
(d) Amendments to existing leases or agreements shall be exempt
from subdivisions (a) and (b) when all of the following conditions
exist:
(1) The amendment involves operation of only a portion of a unit
of the state park system.
(2) The amendment's impact to the unit will not exceed five
hundred thousand dollars ($500,000) in annual gross revenue generated
on the property.
(3) The amendment involves no significant change in state
operational funding or staffing levels, and does not include present
or future state expenditures for development of the unit.

5080.41. (a) Notwithstanding any other provision of this article,
until January 1, 2014, the department may enter into an operating
agreement with a qualified nonprofit organization for the
development, improvement, restoration, care, maintenance,
administration, and control of a children's museum in Old Sacramento
State Historic Park in the City of Sacramento. The agreement shall
include, but is not limited to, the following:
(1) The district superintendent for the department shall provide
liaison with the department, the nonprofit organization, and the
public.
(2) The operating agreement shall specify the manner in which the
children's museum is proposed to be operated.
(3) All revenues received from the operation of the children's
museum shall be expended only for the care, maintenance, operation,
administration, improvement, or development of the museum.
(4) In constructing the children's museum, the nonprofit
organization shall incorporate historical architectural features
consistent with buildings existing in Sacramento in the mid-1800s.
(b) Whenever the department intends to enter into an operating
agreement with respect to a children's museum in Old Sacramento State
Historic Park in the City of Sacramento, the department shall notify
each Member of the Legislature in whose district the unit is located
of that intention.
(c) This section does not authorize the demolition of any state
building.